79R5749 MFC-D

By:  West, Royce                                                  S.B. No. 769


A BILL TO BE ENTITLED
AN ACT
relating to allowing a person who successfully completes a term of deferred adjudication community supervision to be eligible for a pardon. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 48.01, Code of Criminal Procedure, is amended to read as follows: Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishments and pardons; and upon the written recommendation and advice of a majority of the Board of Pardons and Paroles, he shall have the power to remit fines and forfeitures. The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed 30 days; and he shall have power to revoke conditional pardons. With the advice and consent of the Legislature, the Governor may grant reprieves, commutations of punishment and pardons in cases of treason. SECTION 2. This Act takes effect September 1, 2005, but only if the constitutional amendment proposed by the 79th Legislature, Regular Session, 2005, authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision, is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.